Last Updated: August 2008

Global Ministries Network Service Agreement Last Updated: May 2008

THANK YOU FOR CHOOSING GLOBAL MINISTRIES NETWORK!


1. What the Contract Covers.

This is a contract between you and the Gabriel Associates, LLC. All of the services are referred to in this contract as the "service."

Please note that we do not provide warranties for the service. The contract also limits our liability. We ask you to read this carefully.

2. When You May Use the Service.

You may start using the service as soon as you have finished the sign-up process and your payment has successfully cleared. No withdrawal right or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.

3. How You May Not Use the Service.

In using the service, you may not:

• collect data from our site to solicit site owners for marketing purposes;

• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
  

4. If You Pay Gabriel Associates.

4.1 Charges. This section 4 applies in all situations in which you directly pay us. If you pay a company other than us for the services made available through posting on this site, then the charges and billing terms are as stated by the other company.

4.2 Refund Policies. Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable.

5. Privacy.

In order to operate and provide the service, we collect certain information about you. We protect your information as described in the http://www.lastdaywarriors.com/privacy.html . In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Gabriel Associates, LLC. or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Gabriel Associates, LLC. employees, customers or the public.


6. Support.

1. Technical Support. During the Subscription Term, paid subscribers are entitled to technical support, which may include web-based content, online chat, email and telephone-based technical support. During that Period, users may receive web-based content technical support.
2. Refunds. Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable.
3. Your Dealings with Others. If you obtain anything from a third party (including third-party offered services) through the service, you understand that your relationship with respect to those things is with the third party directly and not with Gabriel Associate. In the event you assert a claim that relates to or implicates your relationship with a third party, you shall only assert such claim against the third party, and you will not assert any such claim against Gabriel Associates, even if Gabriel Associates Network assisted in billing for the third-party offering. You are solely responsible for your dealings with any third party, including

• delivery of and payment for goods and services;
• processing and verifying orders, payments and other transactions;
• customer support related to orders or transactions (e.g., lost orders, billing disputes, payments, etc.);
• determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions; and
• the purchase and use by you and your associated accounts of any third-party products and services.

You represent and warrant that

• the products and services you advertise, sell and distribute are legal for sale and distribution and do not violate this contract;
• you have all licenses necessary to sell, distribute and advertise the goods and services you offer; and
• all sales and advertisements will comply with applicable law.

1. Your Privacy Practices. In using the service, you may be able to collect personal information about third parties through your dealings with such third parties. If you do, you agree to (a) post a privacy policy on your web site that, at a minimum, discloses any and all uses of personal information that you collect from such third parties, (b) provide a hypertext link to your privacy policy on the home page of your web site and on all pages where you collect personal information from third parties, including on checkout pages, and (c) use personal information only as expressly permitted by your privacy policy.

7. Gabriel Associate Global Ministries Network Authentication.

We may provide you with credentials on our authentication network to use with the service. You are solely responsible for any dealings with third parties (including advertisers) who use our authentication network, including the delivery of and payment for goods. This contract applies to you whenever you use the credentials you obtained with the service. When you use our authentication network to gain access to any site, the terms and conditions for that site, if different from this contract, may also apply to you in your use of that site. Please refer to the terms of use for each site that you visit.

8. Requirements For Placing Advertisements.

You may be able to place advertisements in or through the service. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:

• all advertising content is accurate, complete and current;
• you have all necessary rights, power and authority to publish the advertising content;
• the advertising content, and any web site listed or linked to from the advertising content:
  • complies with all applicable laws and regulations;
  • does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
  • does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
  • does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
• you possess documents substantiating all claims, express and implied, contained within the advertising content.

9. How We May Change the Contract.

If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.

10. WE MAKE NO WARRANTY.

We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, resellers, distributors and vendors (collectively, the "Gabriel Associates parties") give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

11. Interpreting the Contract.

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

12. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

13. No Third Party Beneficiaries.

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

NOTICES Notices and Procedure for Making Claims of Copyright Infringement

Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Copyright and Trademark Notices

All contents of the service are Copyright © Gabriel Associates and/or its suppliers, 7215 Taylorsville Rd, Huber Heights, OH 45424 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the content. Gabriel Associates, Gabriel Web Hosting and Designs, Hosting Businesses, Global Ministries Network, Last Day Warriors and/or other Gabriel Associates products, site and services referenced herein may also be either trademarks or registered trademarks of Gabriel Associates in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Respect Copyright

Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.

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